Evidence Law PG (11444.1)
|Available teaching periods||Delivery mode||Location|
|View teaching periods|| Flexible
| Bruce, Canberra
UC - Canberra, Online
|0.125||3||Faculty Of Business, Government & Law|
|Discipline||Study level||HECS Bands|
|Canberra Law School||Post Graduate Level|| Band 4 2021 (Commenced After 1 Jan 2021)
Band 4 2021 (Commenced After 1 Jan Social Work_Exclude 0905)
Band 5 2021 (Commenced Before 1 Jan 2021)
This unit covers the broad theoretical and conceptual bases of evidence law and its historical and social context. It studies the role, sources and foundation of the law of evidence and trial procedure, of pre-trial obligations and of rules concerning the burden and standard of proof for both criminal and civil proceedings. Topics include adversarialism; forms of evidence; evidentiary principles and rules (eg credibility, hearsay, opinion, tendency and coincidence, identification and character evidence), and exceptions to the rules; privileges; judicial discretion and warnings, comments and directions; mandatory and discretionary exclusions; and the limitations on evidence. The unit is based on the Uniform Evidence Law with a particular focus on the Evidence Act 2011 (ACT).
Learning outcomesAfter successful completion of this unit, students will be able to:
1. Explain and analyse the law of evidence as embodied in the Uniform Evidence Law (UEL) in its cultural, social and historical context;
2. Exercise independent judgment in applying the law of evidence in civil and criminal proceedings to solve complex problems, using oral and/or written communication skills;
3. Critique and articulate important policy debates underpinning evidence law and its reform; and
4. Investigate and synthesise complex information in relation to the law of evidence and related law reform proposals.
Graduate attributes1. UC graduates are professional - communicate effectively
1. UC graduates are professional - display initiative and drive, and use their organisation skills to plan and manage their workload
1. UC graduates are professional - employ up-to-date and relevant knowledge and skills
1. UC graduates are professional - take pride in their professional and personal integrity
1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
3. UC graduates are lifelong learners - reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development
3. UC graduates are lifelong learners - be self-aware
3. UC graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas
4. UC graduates are able to demonstrate Aboriginal and Torres Strait Islander ways of knowing, being and doing - apply their knowledge to working with Indigenous Australians in socially just ways
Prerequisites11751 Legal Methods and Skills G AND 11752 Legal Systems G
Incompatible units11284 Evidence Law
Equivalent units7228 Evidence Law G
|Year||Location||Teaching period||Teaching start date||Delivery mode||Unit convener|
|2023||Bruce, Canberra||Semester 2||31 July 2023||Flexible||Dr Tony Krone|
|2024||UC - Canberra, Online||Study Block 1||15 January 2024||Online||Prof Maree Sainsbury|
|2024||UC - Canberra, Online||Study Block 6||21 October 2024||Online||Prof Maree Sainsbury|
Hum, Fiona, Gregor Urbas and Ottavio Quirico, Australian Uniform Evidence Law (Cambridge University Press, 2nd ed, 2022) - there is limited online access to an electronic copy of this text available via the University Library and a link is provided in the Reading List on the Canvas site
Other recommended text with additional in-depth coverage - it is not suggested that you have to have this:
- Stephen Odgers, Uniform Evidence Law (Thomson Reuters, Lawbook Co., 17th ed, 2022) - This is an annotated version of the Uniform Evidence Law (UEL) legislation widely used by legal practitioners and courts. It incorporates the Commonwealth, ACT, NSW, NT, and Victorian Acts. Earlier versions of the Odgers text might be obtained second-hand and while not as up to date could provide helpful additional coverage to the prescribed text. - The 2020 15th edition is available in e-copy format from the library via the Reading List on Canvas - while not the latest version this is a useful resource for this unit.
- Students must have access to an up-to-date copy of the UEL legislation e.g. the Evidence Act 2011 (ACT), as this will be referred to extensively in lectures, tutorials, and assessment. This can be accessed for free online - access information will be provided via Canvas.
- Students may also access an online version of Cross on Evidence via Lexis Advance from the University Library website.
Participation is expected for tutorials as scheduled. Notices given in lectures and tutorials will be deemed to be given to the whole class.
Required IT skills
Word-processing and use of Canvas.
This unit may involve online meetings in real-time using the Virtual Room in your UCLearn teaching site. The Virtual Room allows you to communicate in real-time with your lecturer and other students. To participate verbally, rather than just typing, you will need a microphone. For best audio quality we recommend a microphone and speaker headset. For more information and to test your computer, go to the Virtual Room in your UCLearn site and 'Join Course Room'. This will trigger a tutorial to help familiarise you with the functionality of the virtual room.
Students will need to record and upload a short audio-visual recording for the moot assessment. This should be possible using a mobile phone or computer with audio-visual recording capacity.
Work placement, internships or practicums
This unit involves simulation of professional tasks - providing legal advice and presenting oral arguments (by way of a moot court presentation).